Three Ways Employers May Be Violating the Law- Paycheck Edition

1.  Payment of the last paycheck- Each state has a different law regarding payment of a last paycheck. Some states require the last paycheck to be paid immediately, while others require it to be paid in accordance with the next payroll period. Typically, employers cannot withhold paychecks after an employee leaves for work that has already been performed
2.  Requiring employees to pay for uniforms and cash drawer shortages- Non-exempt employees must be paid at least a minimum wage for all hours worked and overtime for hours worked over 40 per week. If an employer withholds a portion of a paycheck for certain things, like drawer shortage and uniform cost, this might be improper (depending on the state and the reason for withholding)
3.  Sharing tips – if an employee earns tips, only certain people can be a part of a tip pool and share those tips. The tips belong to the employee, and should not be taken by the business. In a restaurant, if someone from the back of the house or a manager is sharing the tips with the wait staff, this could be illegal

Karly Wannos, Esq., of the Wannos Law Firm, PA is an employment attorney in Florida. She helps companies comply with the employment laws through legal guidance, customized workshops and trainings and preparation of legal documents and employee handbooks.

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